The Hindu : Tamil Nadu News : “Crisis of confidence shaking judicial institution”

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“Crisis of confidence shaking judicial institution”

Special Correspondent

K.K. Venugopal’s address at Madras High Court function

— Photo: R_Ravindran

Senior Supreme Court Advocate K.K. Venugopal being greeted by Madras High Court Chief Justice H.L. Gokhale at the 100th birth anniversary of S. Govind Swaminadhan in Chennai on Friday. Habibullah Badsha, Senior Advocate, Madras High Court, is in the picture.

CHENNAI: The concerns raised over the lack of rectitude and integrity on the part of a small section of the higher judiciary, and the huge pendency of cases in different courts suggest that the justice delivery system might be at a crossroads, said K.K.Venugopal, senior advocate, Supreme Court of India, here on Friday.

“A crisis of confidence is today shaking the very foundation of the judicial institution,” Mr. Venugopal said, referring to the questions raised about the integrity of judges.

Delivering the keynote address at a function organised at the Madras High Court to celebrate the 100th birth anniversary of S. Govind Swaminadhan, the former Tamil Nadu Advocate-General, Mr. Venugopal referred to post-retirement statements made by various Chief Justices of India who had bemoaned the fall in standards of the judiciary.

“It is a malaise that exists in some High Courts only to a very, very small extent but that is enough to make us sit up and take notice,” he said.

He said that three things were necessary at this stage: the constitution of a high-power commission of judges and jurists to hold hearings and ascertain the extent of corruption, nepotism and misconduct; a mechanism similar to the Commission on Judicial Performance in the U.S. to look at petitions against judges; and the creation of a code of conduct for judges.

Mr. Venugopal said that though judges were working hard, the pendency of cases was threatening to take the system to the verge of a collapse. Nearly four million cases were pending in the higher courts and 27 million in subordinate courts, he said. “Can a system be called a justice delivery system if it were to take 30 to 40 years for one to see the fruits of one’s efforts?” he asked.

The only practical solution was to raise the ratio of judges to 50 per million people from the current 13 per million. This would involve huge costs in infrastructure, computer equipment and additional staff, he added, while welcoming the Law Minister’s proposals to introduce a shift system and to use retired judges.

Mr. Venugopal said that the Supreme Court had lost its direction in acting as the apex court of the country. Of the 52,000 cases pending before it, many dealt with actions related to rent control, labour and matrimonial disputes and appeals against orders of lower courts. He said the creation of four intermediate Courts of Appeal to look at appeals against lower court orders, as suggested by the Law Commission in its 229th report, was required.

The Supreme Court should instead hear only significant questions of law and cases relating to the Constitution, he said. H.L.Gokhale, Chief Justice, Madras High Court, spoke of some of the important cases that were handled by Swaminadhan in his distinguished career.

Habibullah Badsha, senior advocate, Madras High Court, said that Swaminadhan strode the courts like a colossus. He said that Swaminadhan was distinguished by his integrity, ethics and court skills.

To honour Swaminadhan, the S.Govind Swaminadhan Trust had instituted an annual ‘Govind Swaminadhan Award for Ethics in Law.’ N.S. Sivam, an advocate of the Madras High Court and an associate of Swaminadhan, announced that Justice J.S. Verma, retired Chief Justice of India, would be the first recipient of the award.

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